lawweb 10 May 2018

Whether wife can be imprisoned if she fails to obey decree f

Whether wife can be imprisoned if she fails to obey decree for restitution of conjugal rights?

There is another way of looking into the matter. The consent terms on
which the parties settled the matter contained an important part of
agreement, namely, both the parties decided to live together again. This
happened in the proceedings which essentially related to the custody of
child. No doubt, when the parties agreed to resume the matrimonial
relations and decided to live again as husband and wife, the problem of
custody of Pranav got automatically solved thereby as it brought about
an ideal situation where Pranav could have the company of his both the
parents. Unfortunately, this did not materialise. In a case like this
whether the High Court could force the appellant to join the company of
the respondent and live with him, if he had decided for certain reasons
not to do so? Even when a decree of conjugal rights is filed by a
competent court of law in favour of one of the spouses, such a decree
cannot be executed and the other spouse who is directed to resume the
conjugal relations, cannot be forced to do so. It is a different matter that
for not obeying such a decree, other consequence follow including right
to the decree holder to seek divorce. When that is the position even in
respect of a decree passed by competent court of law forcing the
appellant to join the company of the respondent and on her failing to do
so punishing her in committing contempt of the court’s order, that too by
awarding maximum civil imprisonment in law cannot be countenanced.

REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 1606 OF 2018
MEENAL BHARGAVA V NAVEEN SHARMA
A.K.SIKRI, J.
Dated:MAY 09, 2018.